HRS §490:2-719
How you and the seller can change or limit remedies
This section lets a buyer and seller agree in their contract to change the usual remedies for a problem, like limiting the buyer to a refund or repair. If the agreed remedy fails to work, the buyer can use the law's usual remedies. Limits on damages for personal injury from consumer goods are likely unfair.
buyers
The statute, as written — Contractual modification or limitation of remedy
(1) Subject to the provisions of subsections (2) and (3) of this section and of the preceding section on liquidation and limitation of damages, (a) The agreement may provide for remedies in addition to or in substitution for those provided in this article and may limit or alter the measure of damages recoverable under this article, as by limiting the buyer's remedies to return of the goods and repayment of the price or to repair and replacement of nonconforming goods or parts; and (b) Resort to a remedy as provided is optional unless the remedy is expressly agreed to be exclusive, in which case it is the sole remedy. (2) Where circumstances cause an exclusive or limited remedy to fail of its essential purpose, remedy may be had as provided in this Act. (3) Consequential damages may be limited or excluded unless the limitation or exclusion is unconscionable. Limitation of consequential damages for injury to the person in the case of consumer goods is prima facie unconscionable but limitation of damages where the loss is commercial is not.
LawTrove is not legal advice. The summary above is a computer-generated restatement — the authoritative text is the official version linked above.